This document is made available electronically by the Legislative Reference Library as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp

January 15, 2021

Senator Senator Foung Hawj Chair Ranking Minority Member Environment and Natural Resources Policy Environment and Natural Resources Policy and Legacy Finance Committee and Legacy Finance Committee

Senator David H. Senjem Senator Nick A. Frentz Chair Ranking Minority Member Senate Energy and Utilities Senate Energy and Utilities Finance and Policy Committee Finance and Policy Committee

Representative Rick Hansen Representative Josh Heintzeman Chair (Republican Lead) Ranking Minority Member Environment and Natural Resources Finance Environment and Natural Resources Finance and Policy Committee and Policy Committee

Representative Jamie Long Representative Chris Swedzinski Chair (Republican Lead) Ranking Minority Member Climate and Energy Finance and Climate and Energy Finance and Policy Division Committee Policy Division Committee

Dear Senators Ruud, Hawj, Senjem, and Frentz and Representatives Hansen, Heintzeman, Long and Swedzinski:

Minn. Stat. § 216F.012 provides that the Public Utilities Commission must submit to you an annual Variances From Wind Energy Conversion System Setback Requirements From State Lands Report. Attached is the Report of the Minnesota Public Utilities Commission.

Please let me know if you have any questions or would like additional information.

Sincerely,

Will Seuffert Executive Secretary

C: Legislative Reference Library

This document is made available electronically by the Minnesota Legislative Reference Library as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp

P HONE 651- 296- 0406 • T OLL F REE 1 - 800- 657- 3782 • F AX 651- 297- 7073 121 7 TH P LACE E AST • S UITE 350 • S AINT P AUL, M INNESOTA 55101- 2147 MN. GOV/ PUC

Variances From Wind Energy Conversion System Setback Requirements From State Lands under Minnesota Statutes, Section 216F.012

January, 2021

Minnesota Public Utilities Commission 121 7th Place East, Suite 350 Saint Paul, Minnesota 55101-2147 mn.gov/puc

To request this document in another format such as large print or audio, call 651.296.0406 (voice). Persons with a hearing or speech impairment may call using their preferred Telecommunications Relay Service or email [email protected] for assistance.

This document is made available electronically by the Minnesota Legislative Reference Library as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp INTRODUCTION

Statutory Reporting Requirement Minnesota Statutes (2018), Section 216F.012 (c) requires the Minnesota Public Utilities Commission to report annually to the on any variances from system setback requirements from State lands which were applied for and not granted concerning wind energy projects.

This Report is to fulfill the reporting requirement of this section.

Costs of Preparing Report Pursuant to Minnesota Statutes (2018), Section 3.197, it is estimated that the costs incurred by the Minnesota Public Utilities Commission in preparing this Report are minimal. Special funding was not appropriated for the costs of preparing this report.

BACKGROUND Minnesota Statutes (2018), Section 216F.012 provides that a wind energy conversion system with a nameplate capacity exceeding five megawatts that is proposed to be located wholly or partially within a wind access buffer adjacent to State lands which are part of the outdoor recreation system is a large wind energy conversion system. The Statute further provides that the Department of Natural Resources must negotiate in good faith with a system owner regarding siting and may support the system owner in seeking a variance from the system setback requirements if the Department determines that a variance is in the public interest.1

The Minnesota Public Utilities Commission is required to issue an annual report to the Legislature regarding any variances applied for and not granted for systems subject to these provisions.2

COMMISSION ACTIONS

No variances were requested in 2020.

1 Minn. Stat. § 216F.012 (b) 2 Minn. Stat. § 216F.012 (c)